Hunte's lawyer Michael Hornung said he learned of the decision by prosecutors late Friday.

"They would have had to show it was premeditated," Hornung said. "I believe that it's appropriate that they waive the death penalty."

The current theory of the crime, that Rivera was the alleged shooter, likely prevented prosecutors from seeking the death penalty since Rivera was a minor at the time of the shooting.

"The fact that the prosecution won't seek the death penalty has been a foregone conclusion," Taylor family spokesman Richard Sharpstein told the Fort Myers News Press. "The family is still supporting the prosecutors and looking for justice to be done."

Taylor, an All-Pro safety, was shot during a botched robbery attempt at his Miami home in November. He died a day later from wounds suffered during the break-in.

i wish they wouldve because that kid knew what he was doin. and they couldve used this in the plea bargaining so instead of that one suspect getting 29 years to testify against the others he would have to accept the life term to avoid the death penalty and he could testify against the other 4